Yearbook of European Law - Vol. 4

the unauthorized use of a computer, and the unauthorized use of a protected
computer programme.

The third chapter addresses procedural law problems such as the coercive
powers of law enforcement agencies to gather evidence (e.g. search and
seizure of stored or processed data and wire-tapping of telecommunications
lines or computer systems), the legal requirements for gathering, storing and
linking personal data, and the admissibility of evidence from computer
records in court proceedings. This chapter is of a more exploratory character
since the international discussion of the problems created by these new
technologies has only just begun.

The international aspects of computer-related crime -- territorial and
extraterritorial jurisdiction, harmonization of substantive criminal law,
transfrontier direct on-line access to data bases, applicability of existing
European conventions -- are discussed in the fourth chapter. The most
difficult question, to which no definitive answer is tendered, concerns the
direct access by the investigating authority in one State into data bases in
another; such 'direct penetration' might be considered a violation of the
sovereignty of the State where the data is stored.

In the fifth chapter, the expert committee mentions a number of issues
which it had briefly discussed without, however, reaching any conclusion;
these matters require further consideration. They concern security and
prevention measures, victimization thorough computer crime, and computer-related infringements of privacy.

Annex

CONVENTION ON INSIDER TRADING

PREAMBLE

The member States of the Council of Europe, signatories hereto,

Considering that the aim of the Council of Europe is to achieve a greater unity
between its members;

Considering that certain financial transactions in securities traded on stock
exchanges are carried out by persons seeking to avoid losses or to make profits by
using the privileged information available to them, thus undermining equality of
opportunity as between investors and the credibility of the market;

Considering that such behaviour is also proving dangerous for the economies
of the member States concerned and in particular for the proper functioning of the
stock markets;

Considering that, because of the internationalisation of markets and the ease of
present-day commumications, operations of this nature are carried out sometimes
on the market of a State by persons not resident in that State or acting through
persons not resident there;

Considering that efforts to counter such practices which are already being
made on the domestic level in many member States make it essential to set up

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